Author | Title | Citation | Summary | Year |
Aaron J. Curtis |
Tracing the School-to-prison Pipeline from Zero-tolerance Policies to Juvenile Justice Dispositions |
102 Georgetown Law Journal 1251 (April, 2014) |
C1-2Table of Contents Introduction. 1252 I. Zero-Tolerance Policies. 1253 a. justifications for zero-tolerance policies. 1254 1. Taking School Violence Seriously. 1254 2. Consistently Punishing Disciplinary Infractions. 1255 b. critiques of zero-tolerance policies. 1255 1. School Violence Is Declining. 1255 2. Students of Color Are Punished... |
2014 |
Janel A. George |
Undermining Opportunity: Race, Gender, and Discipline Disparities |
19-DEC NBA National Bar Association Magazine 18 (December, 2014) |
Although many African American girls were pivotal in advancing educational opportunity before and during the Civil Rights era, the educational outcomes of African American girls are being undermined by practices influenced by race and gender bias, including overly punitive discipline practices in schools. A recent report by the NAACP Legal Defense... |
2014 |
S. David Mitchell |
Zero Tolerance Policies: Criminalizing Childhood and Disenfranchising the next Generation of Citizens |
92 Washington University Law Review 271 (2014) |
I. Introduction. 272 II. Zero Tolerance Policies. 277 A. The Origin and Evolution of Zero Tolerance Policies. 278 B. The Impact of Zero Tolerance Policies. 283 1. In General. 287 2. The Disproportionate Impact. 291 C. Legal Challenges. 296 1. Free Speech. 297 2. Right to Privacy. 300 3. Due Process. 302 III. The Next Generation of Disenfranchised... |
2014 |
Kaitlyn Jones |
#Zerotolerance #Keepingupwiththetimes: How Federal Zero Tolerance Policies Failed to Promote Educational Success, Deter Juvenile Legal Consequences, and Confront New Social Media Concerns in Public Schools |
42 Journal of Law and Education 739 (Fall, 2013) |
The federal government first applied zero tolerance (ZT) disciplinary policies in elementary and secondary public schools both as an expansion of drug control legislation of the 1980s and in response to a string of tragic school shootings in the early 1990s. In compliance with the Improving America's Schools Act of 1994, a reauthorization of the... |
2013 |
Andrea Lollini |
Brain Equality: Legal Implications of Neurodiversity in a Comparative Perspective |
51 New York University Journal of International Law & Politics 69 (Fall, 2018) |
This article inquires into some of the implications of the concept of neurodiversity. First, it analyzes the definition of neurodiversity and its legal dimension. Then, it explores the claim made by part of the neurodiversity movement that people with different neurodevelopment profiles should be considered a new minority. Finally, this article... |
2013 |
Jennica Janssen |
Collateral Consequences for Justice-involved Youth: a Model Approach to Reducing the Number of Collateral Consequences |
20 Marquette Benefits & Social Welfare Law Review 25 (Fall, 2018) |
Collateral consequences--stigma and disadvantages individuals face after becoming entangled in the legal system--for justice-involved youth differ by jurisdiction and number in the thousands. Although the American Bar Association (ABA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) advocated for the reduction of juvenile... |
2013 |
Daniel J. Losen |
Discipline Policies, Successful Schools, Racial Justice, and the Law |
51 Family Court Review 388 (July, 2013) |
Research has found that, in 2006, over 28 per cent of Black male middle school students had been suspended at least once, nearly three times the rate for White males. Other research has revealed racial disparities in discipline, including disproportionately high numbers of Black students being removed from class on discretionary discipline grounds,... |
2013 |
Jane G. Coggshall, David Osher, Greta Colombi |
Enhancing Educators' Capacity to Stop the School-to-prison Pipeline |
51 Family Court Review 435 (July, 2013) |
In this article, we, a group of experts from three federally funded educational technical assistance centers housed at the American Institutes for Research, describe four ways teachers and school leaders can affect children's trajectory into and through the pipeline to prison. We then detail the competencies necessary to promote the kinds of... |
2013 |
Stephen Rushin |
Federal Enforcement of Police Reform |
82 Fordham Law Review 3189 (May, 2014) |
Congress passed 42 U.S.C. § 14141 in an effort to combat police misconduct and incentivize proactive reform in local law enforcement agencies. The statute gives the U.S. Attorney General the power to initiate structural reform litigation against local police departments engaged in a pattern or practice of unconstitutional behavior. While academics... |
2013 |
Allison R. Brown |
Federal Spotlight on School-to-prison Pipeline |
32 No. 2 Child Law Practice 31 (February, 2013) |
In 1999, Columbine happened. And in the years following, schools and some states ramped up zero tolerance in school discipline to alleviate fears of another tragedy. The school-to-prison pipeline grew. Here we are again. Recently, Newtown happened. Another horrific tragedy. I am hopeful, however, that we will not see the reactionary overreach in... |
2013 |
Quintin M. Chatman , NACDL, 1660 L Street, NW, 12th Floor, Washington, DC 20036, 202-465-7633, Fax 202-872-8690, E-mail qchatman@nacdl.org |
Fighting for the Underdog |
39-NOV Champion 62 (November, 2015) |
Pennsylvania lawyer Peter Goldberger did not know any lawyers while growing up in Tenafly, N.J., but a high school teacher's suggestion that he consider it as a career choice led him to seek summer jobs in legal offices during his college years. That teacher sowed a seed that took Goldberger on a legal journey that includes earning a degree at Yale... |
2013 |
Susan Ainsley McCarter |
Holistic Representation: a Randomized Pilot Study of Wraparound Services for First-time Juvenile Offenders to Improve Functioning, Decrease Motions for Review, and Lower Recidivism |
54 Family Court Review 250 (April, 2016) |
Mental health diagnoses, substance abuse issues, and school problems are often cited as contributors to adolescents' involvement with the juvenile justice system. Yet, few youth receive assessment, evaluation, or intervention prior to their involvement with the juvenile courts. This pilot study evaluated whether providing a randomized trial of... |
2013 |
Eleanor Lumsden |
How Much Is Police Brutality Costing America? |
40 University of Hawaii Law Review 141 (Winter 2017) |
L1-2INTRODUCTION . L3142 I. A BRIEF HISTORY OF POLICING. 145 II. FEDERAL LAW. 155 A. The United States Constitution. 155 B. Federal Statutory Law. 158 III. THE COMMON LAW OF TORTS. 162 IV. THE COSTS OF POLICE BRUTALITY. 165 A. Direct, Current Costs. 165 1. Costs to Victims. 165 2. Broken Homes and Families. 172 B. Indirect, Current Costs. 174 1.... |
2013 |
Khin Mai Aung |
Pitting Our Youth Against Each Other: Moving School Harassment and Bullying Policy from a Zero Tolerance Discipline to Safe School Environment Framework |
3 UC Irvine Law Review 885 (December, 2013) |
Introduction. 885 I. State of the Law--School Harassment and Bullying Prevention Policies. 890 A. Federal Law. 890 1. Federal Antiharassment Laws. 890 2. Proposed Legislation--Safe School Improvement Act. 892 B. State and Local Laws and Policies on School Bullying and Harassment. 893 1. National Trends Across Jurisdictions. 893 2. Example--New York... |
2013 |
Patrick S. Metze |
Plugging the School-to-prison Pipeline by Improving Behavior and Protecting Core Judicial Functions: a Constitutional Crisis Looms |
45 Saint Mary's Law Journal 37 (2013) |
I. Introduction. 38 II. Implementation of Positive Behavioral Interventions and Support in Texas Youth Commission Schools. 43 A. Final Report on the Effectiveness of PBIS. 44 III. History of the Texas Youth Commission and Texas Juvenile Probation Commission. 52 A. TYC. 52 B. TJPC. 55 IV. Probation: An Inherent or Core Judicial Function. 57 A.... |
2013 |
Sarah Harrison |
Reaction To: Murder at Freedom's Gate |
5 Georgetown Journal of Law & Modern Critical Race Perspectives 49 (Spring, 2013) |
From the opening to the final page, Murder at Freedom's Gate is a riveting read for a policy Note. The graphic scene described at the beginning sets an appropriate stage for the Introduction's hard-hitting facts highlighting America's present day racial disparities and the need for a sounding call to education reform. Aiken drives the point with... |
2013 |
Barbara Fedders, Jason Langberg |
School Discipline Reform: Incorporating the Supreme Court's "Age Matters" Jurisprudence |
46 Loyola of Los Angeles Law Review 933 (Spring, 2013) |
Relying on social science, neuroscience, and common sense to elucidate the differences between childhood and adulthood, including levels of maturation, impulsivity, and susceptibility to peer pressure, the Supreme Court altered the criminal justice landscape for youth in Roper v. Simmons, Graham v. Florida, J.D.B. v. North Carolina, and Miller v.... |
2013 |
Barbara Fedders |
Schooling at Risk |
103 Iowa Law Review 871 (March, 2018) |
ABSTRACT: For much of the nation's history, states excluded entire groups of students from mainstream public-school classrooms based on classifications of race or disability. Although Brown vs. Board of Education and its progeny, as well as the Individuals with Disabilities Education Act, now prohibit the most blatant and egregious forms of this... |
2013 |
Melina Angelos Healey |
The School-to-prison Pipeline Tragedy on Montana's American Indian Reservations |
37 New York University Review of Law and Social Change 671 (2013) |
I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the... |
2013 |
Udi Ofer |
Criminalizing the Classroom: the Rise of Aggressive Policing and Zero Tolerance Discipline in New York City Public Schools |
56 New York Law School Law Review 1373 (2011/2012) |
On February 1, 2010 school safety officers arrested twelve-year-old Alexa Gonzalez in front of her classmates and teachers. What did she do wrong? While waiting for her Junior High School Spanish teacher to distribute homework assignments, Alexa doodled on her desk with an erasable marker, I love my friends Abby and Faith. Lex was here. 2/1/10.... |
2012 |
Kate Baldridge |
Disaster Resilience: a Study of San Francisco's Soft-story Building Problem |
44 Urban Lawyer 465 (Spring, 2012) |
In 2001, the Federal Emergency Management Agency (FEMA) named three major disaster scenarios as being among the most serious threats to the nation: a terrorist attack in New York City, a major hurricane hitting New Orleans, and a large earthquake hitting San Francisco. The first two scenarios have already played out, while the third may be looming... |
2012 |
Thalia González |
Keeping Kids in Schools: Restorative Justice, Punitive Discipline, and the School to Prison Pipeline |
41 Journal of Law and Education 281 (April, 2012) |
Although the use of restorative justice in schools is hardly new globally, the emergence of school-based restorative justice in the United States as an educational practice to address the far-reaching negative impacts of punitive discipline policies is a more recent phenomenon. School-based restorative justice programs in the United States have... |
2012 |
Patrick S. Metze |
Plugging the School to Prison Pipeline by Addressing Cultural Racism in Public Education Discipline |
16 U.C. Davis Journal of Juvenile Law & Policy 203 (Winter 2012) |
As timely as today's headlines, I take a critical look at the failure of the public schools to educate our children. Criminalized and alienated, students of color and economic disadvantage are forced out of their schools and into the juvenile justice system as the first step to a life of reduced expectations and productivity. We are failing to... |
2012 |
Catherine Y. Kim |
Policing School Discipline |
77 Brooklyn Law Review 861 (Spring, 2012) |
Notwithstanding the frequent admonishment that students [do not] shed their constitutional rights at the schoolhouse gate, courts routinely defer to school officials in cases involving the investigation and punishment of youth in schools. Consequently, youth accused of school misconduct are not entitled to the same procedural protections to which... |
2012 |
Steven Brantley |
Restorative Justice in the Classroom: a Pipeline to Nowhere for All |
28 George Mason University Civil Rights Law Journal 69 (Fall, 2017) |
Every day, countless news headlines are filled with stories describing tragic cases of violence in our nation's schools. Stories describing shootings, stabbings, and other forms of egregious, life threatening violence are all too common occurrences in today's innercity school districts. Additionally, many more incidents of bullying, fights, and... |
2012 |
John R. Martin |
School Discipline and Disparate Impact |
13 Engage: The Journal of the Federalist Society Practice Groups 30 (March 1, 2012) |
This paper analyzes the U.S. Department of Education's proposed use of disparate impact theory in examining school discipline in schools across the country. As always, The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions of opinion are those of the author. The Federalist Society seeks to foster... |
2012 |
Anne Lee |
The Role of Public Interest Lawyers in Social Justice Movements: Seeking Justice Where Educational Inequality, School Discipline, and Juvenile Justice Converge |
11 Seattle Journal for Social Justice 149 (Summer, 2012) |
TeamChild is a nonprofit law office in Washington State that provides civil legal representation to youth between the ages of twelve and eighteen years old who are experiencing barriers in accessing education, housing, and health care. About fifteen years ago, TeamChild was born out of the frustration of public defenders who kept seeing youth cycle... |
2012 |
Thalia González |
Youth Incarceration, Health, and Length of Stay |
45 Fordham Urban Law Journal 45 (December, 2017) |
For youth from marginalized communities, the pathway into the juvenile justice system occurs against a backdrop of disproportionately high levels of stress, complex trauma, and adverse childhood experiences. Despite overall reductions in the percentage of youth in confinement from recent state-level reforms, the lengths of stay for many youth often... |
2012 |
Brittany Brown |
An Inside-out Approach to Ending the School-to-prison Pipeline: an Adequacy Argument for Early Childhood Education in Massachusetts |
11 Whittier Journal of Child and Family Advocacy 123 (Fall, 2011) |
That all citizens will be given an equal start through a sound education is one of the most basic promised rights of our democracy. Senator Paul Wellstone We have more work to do when more black men languish in prison than attend colleges and universities across America. President Barack Obama Sandday and Jerquais attended an elementary school... |
2011 |
Simone S. Hicks |
Behind Prison Walls: the Failing Treatment Choice for Mentally Ill Minority Youth |
39 Hofstra Law Review 979 (Summer 2011) |
On the night of November 12, 2007, Khiel Coppin, eighteen, was killed in a hail of fifteen bullets fired by New York City Police Department (NYPD) officers in front of his family's home in Brooklyn, New York. Many people in the neighborhood blamed this death on the NYPD officers' use of excessive force. However, the tragedy can be attributed to... |
2011 |
Mark P. Fancher |
Born in Jail: America's Racial History and the Inevitable Emergence of the School-to-prison Pipeline |
13 Journal of Law in Society 267 (Fall, 2011) |
C1-2Table of Contents I. Introduction. 267 II. The Criminalization of Africans. 268 A. Enslavement. 268 B. Post-Slavery Propaganda and Criminal Sanctions. 272 C. Racial Profiling and Mass Incarceration. 274 III. The School-to-Prison Pipeline. 275 A. Infrastructure. 275 B. Punishment. 276 IV. Conclusion. 279 |
2011 |
Kevin Lapp |
Databasing Delinquency |
67 Hastings Law Journal 195 (December, 2015) |
Technological advances in recent decades have enabled an unprecedented level of surveillance by the government and permitted law enforcement to gather, store, and retrieve in real time enormous amounts of data. After nearly a century of limited record-making and enhanced confidentiality regarding juveniles, these data collection practices have... |
2011 |
Sean Darling-Hammond |
Designed to Fail: Implicit Bias in Our Nation's Juvenile Courts |
21 U.C. Davis Journal of Juvenile Law & Policy 169 (Summer, 2017) |
Our nation's juvenile courts espouse the admirable mission of creating a fair court of empathy capable of helping youth that have erred take a more positive path and become productive citizens, regardless of their backgrounds. Yet juvenile court dispositions yield troubling racial disproportionalities, and the proceedings themselves seem riddled... |
2011 |
Heather A. Cole , Julian Vasquez Heilig |
Developing a School-based Youth Court: a Potential Alternative to the School to Prison Pipeline |
40 Journal of Law and Education 305 (April, 2011) |
Youth Courts exist throughout the country and are based on education policy attempting to address, through alternative means, issues of student discipline in schools. In 2006, there were over 1,250 Youth Courts in the United States serving as many as 125,000 offenders and utilizing over 100,000 youth volunteers. Most of the Youth Courts are housed... |
2011 |
Laura Knittle |
From Crayons to Handcuffs: an Investigation of Elementary School Discipline |
17 Public Interest Law Reporter 1 (Fall 2011) |
In March 2010, a first-grade student at Carver Primary School in Chicago's far South Side got in trouble for being disruptive. A school security guard handcuffed the 6-year-old boy and detained him for more than an hour. The guard then told him he would go to prison and would never see his parents again. This elementary school student's story is... |
2011 |
Emily Bloomenthal |
Inadequate Discipline: Challenging Zero Tolerance Policies as Violating State Constitution Education Clauses |
35 New York University Review of Law and Social Change 303 (2011) |
I. Introduction. 303 II. Zero Tolerance--Background and Consequences. 305 A. Development of Zero Tolerance Policies. 305 B. Ineffectiveness of Zero Tolerance Policies. 308 C. Consequences of Zero Tolerance Policies. 310 D. Disproportionate Effects of Zero Tolerance Policies. 312 E. Alternatives to Zero Tolerance. 314 F. Pockets of Progress in... |
2011 |
Mary Whisner |
Race and the Reference Librarian |
106 Law Library Journal 625 (Fall, 2014) |
Ms. Whisner examines how race arises in the day-to-day work of law librarians, and discusses how law librarians can foster cultural competence and create more welcoming environments in diverse institutions. ¶1 I'd like to accept Ronald Wheeler's invitation to talk about race. Much writing on diversity in law librarianship starts with demographics--... |
2011 |
Thalia González |
Restoring Justice: Community Organizing to Transform School Discipline Policies |
15 U.C. Davis Journal of Juvenile Law & Policy 1 (Winter 2011) |
I. Introduction. 2 II. Impact of Punitive Discipline Policies in Schools. 6 A. Increased Student Drop Out. 6 B. Pushing Youth Into the School-to-Prison Pipeline. 9 C. Failure to Keep Schools Safe. 14 III. Community Organizing For Education Reform. 15 IV. Padres y Jóvenes Unidos Ending The School To Jail Track Campaign. 23 V. Denver Public... |
2011 |
Barry C. Feld |
T.l.o and Reddings Unanswered (Misanswered) Fourth Amendment Questions: Few Rights and Fewer Remedies |
80 Mississippi Law Journal 847 (Spring, 2011) |
Compulsory attendance laws concentrate large groups of young people in schools. Crime rates increase sharply during adolescence and pose unique problems of social control in schools. In addition to their educational mission, school officials have to maintain order, provide a safe environment in which to learn, and control guns, drugs, and violence... |
2011 |
Torin D. Togut |
The Gestalt of the School-to-prison Pipeline: the Duality of Overrepresentation of Minorities in Special Education and Racial Disparity in School Discipline on Minorities |
20 American University Journal of Gender, Social Policy and the Law 163 (2011) |
Introduction. 164 I. Racial Disparities in the Identification and Provision of Special Education. 166 A. The Meaning of Disproportionate Representation. 166 B. Possible Factors Leading to Overrepresentation of Minorities in Special Education. 166 1. Socio-Demographic Factors Influencing Overrepresentation. 167 2. Special Education Eligibility and... |
2011 |
Tamika C. Griffin |
Under the International Microscope: the School-to-prison Pipeline and the U.n. Convention on the Rights of the Child |
4 Human Rights & Globalization Law Review 133 (Fall, 2010/Spring, 2011) |
Imagine you send your son to middle school on a rainy April day. After raining all night, the morning shows signs of slowing. By lunchtime, the rain has dissipated and the teachers release their students for recess. Excited that the rain has ended, your son stomps in a nearby puddle thereby spraying his classmates, teacher, and school resource... |
2011 |
Michael Rocque , Raymond Paternoster |
Understanding the Antecedents of the "School-to-jail" Link: the Relationship Between Race and School Discipline |
101 Journal of Criminal Law and Criminology 633 (Spring 2011) |
One of the strongest findings in the juvenile delinquency literature is the relationship between a lack of school success, school disengagement, and involvement in the criminal justice system. This link has been deemed the school-to-jail pipeline. To date, research has not clarified the antecedents or origins of this school failure and... |
2011 |
Peter Follenweider |
Zero Tolerance: a Proper Definition |
44 John Marshall Law Review 1107 (Summer 2011) |
A Virginia eighth grader was suspended for taking a knife from a suicidal friend. Despite calling his actions noble and admirable, the school suspended him after finding that same knife in his locker. The student filed suit in Federal District Court, but the case was dismissed. In September of 1997, a bleacher-clearing brawl occurred between... |
2011 |
Russell J. Skiba, Suzanne E. Eckes, Kevin Brown |
African American Disproportionality in School Discipline: the Divide Between Best Evidence and Legal Remedy |
54 New York Law School Law Review 1071 (2009/2010) |
Student discipline is one of the more complex problems confronting educators. One recent survey of educators and school law attorneys ranked student discipline as the third most important legal issue confronting educators after special education and student expression. An educator's action on a disciplinary matter is generally found constitutional... |
2010 |
Lizbet Simmons |
Buying into Prisons, and Selling Kids Short |
6 Modern American 51 (Fall, 2010) |
There is an increasing need to account for the role of the nation's failing public school system in structuring incarceration risk among minority populations and to link theories of the minority achievement gap with those of disproportionate minority confinement. The minority achievement gap is so named, because, on average, minority students'... |
2010 |
Lisa H. Thurau, Johanna Wald |
Controlling Partners: When Law Enforcement Meets Discipline in Public Schools |
54 New York Law School Law Review 977 (2009/2010) |
In the past decade, police have moved into public schools in unprecedented numbers. Often referred to as School Resource Officers, (SROs) they have assumed a variety of roles that range from strict enforcers of rules and laws, to surrogate parents, to counselors and coaches, and to an extra pair of hands for school administrators. The rapid... |
2010 |
Elizabeth E. Hall |
Criminalizing Our Youth: the School-to-prison Pipeline V. the Constitution |
4 Southern Regional Black Law Students Association Law Journal 75 (Spring 2010) |
Zero tolerance policies in schools have spiraled out of control to include harsh punishments for non-criminal offenses, mere student misbehavior, and even innocent actions. These policies have led to a dramatic increase in the school-to-prison pipeline, which is the direct or indirect pathway from school to juvenile detention or adult prison. This... |
2010 |
Dennis D. Parker |
Discipline in Schools after Safford Unified School District #1 V. Redding |
54 New York Law School Law Review 1023 (2009/2010) |
At the close of the October Term, 2008, many children's rights advocates apprehensively awaited the United States Supreme Court's decision in Safford Unified School District #1 v. Redding, a case examining the constitutionality of the strip search of a thirteen-year-old middle school student in the course of an investigation of an alleged violation... |
2010 |
Sean E. Boyd |
Implementing the Missing Peace: Reconsidering Prison Gang Management |
28 Quinnipiac Law Review 969 (2010) |
On the morning of March 28, 2008, inmates at an overcrowded, medium-security correctional institution in Three Rivers, Texas arose for the start of a new day. Within minutes, a vicious riot broke out among several inmates. Although unclear how long the riot ensued, once officials finally halted the disturbance, twenty-two inmates had suffered... |
2010 |
Deborah N. Archer |
Introduction: Challenging the School-to-prison Pipeline |
54 New York Law School Law Review 867 (2009/2010) |
Despite clear evidence that violence and crime in our schools is decreasing, the often misguided approaches of our criminal justice system, with its focus on punishment rather than rehabilitation, are bleeding into our schools. This has led many school districts to crack down on our children, focusing on punishment and criminalization rather than... |
2010 |